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Hybrid vehicle patent not infringed; invalidity issues need not be reached on appeal from ITC

By McKee, Voorhees & Sease, P.L.C.

In an appeal from the International Trade Commission, the Federal Circuit affirmed the Commission's determination of noninfringement of a patent.  The court, however, did not consider the ITC's finding of nonenablement on appeal.  While in the context of a district court case a counterclaim for invalidity is not mooted by a finding of noninfringement, the court held that because invalidity can only be raised at the ITC as an affirmative defense, the court was not required to consider the issue of indefiniteness on appeal once it had affirmed the finding of noninfringement.  Accordingly, the court sidestepped the issue of enablement with regard to the asserted patent, instead affirming on the grounds of noninfringement alone.

More concerning Solomon Techs., Inc. v. Int'l Trade Comm'n after the jump.

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Full post as published by FileWrapper on May 12, 2008 (boomark / email).